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Criminal Bail Application No. 676/2022
CNR NO. MHCC02-00391-42022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 676 OF 2022
IN
C.R. NO. 638 OF 2021
Abusufiyan Abuhureira Idrishi
Age: 21 Yrs, Occupation: Business
R/a: 2/2, 9B, 671/181, M.G. Road,
Social Nagar, Dharavi,
Mumbai- 400 017.

…Applicant/ Accused
Versus
The State of Maharashtra
(At the instance of Kurla Police Station)
…Respondent
Appearances:
Advocate Mr. Ashokvardhan Purohit for the applicant/Accused.
APP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 6th APRIL, 2022.
:ORDER:
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”)
for grant of regular bail in connection with Crime No.638/2021 for the
offence punishable under Sections 376, 312, 323, 504 and 506 of the
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Criminal Bail Application No. 676/2022
Indian Penal Code, 1860 (hereinafter referred to as “IPC”) registered
with Kurla Police Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that accused and informant got
acquainted with each other and became friends and their friendship got
converted into love. It is further alleged that in July 2021, accused
called informant and took into a hotel by saying that he loves her and
going to marry her and wants to have private talks. It is further alleged
that in the hotel accused had sexual relations with informant against
her wish. Informant started crying but accused told her that he is going
to marry her and she should not get scared. It is further alleged that
after two days again accused told her to meet at hotel and gave threats
to defame her father if she does not come to meet him. It is further
alleged that in the hotel again accused had sexual relations with her
against her wish. It is further alleged that in November informant did
not get her mensuration period and accused gave her medicine
forcefully and she had stomach pain and she was admitted in the
hospital for 10 days. It is further alleged that accused again had sexual
relations with informant against her wish on 20.12.2021. Then accused
told her that he will not marry her by saying that informant’s brother is
in jail. Informant told him that if he does not marry her, her life will get
spoiled but he abused her and beat her. Then informant started crying.
Then again accused told her that he will talk with his parents about
marriage and then both went to their houses. Later FIR came to be
lodged.

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4.

Criminal Bail Application No. 676/2022
Applicant-accused has contended that victim and he had love
affair. Applicant-accused has further contended that there is nothing to
show that victim raised hue and cry before any of the alleged incidents
of sexual intercourse. Applicant-accused has further contended that
victim was upset as their relationship has gone sour and therefore
accused informed her that he was not prepared to get married to her
and therefore to put pressure on applicant not to break with her this
false FIR is filed. Applicant-accused has further contended that the
pregnancy kit attached to the charge-sheet shows that victim was not
pregnant. Applicant-accused has further contended that he is unmarried
till date. Applicant-accused has further contended that victim is not a
minor and on numerous occasions had joined him of her free will and
even submitted her Aadhaar Card at the lodge and prayed to be
released on bail.
5.

Prosecution has submitted that accused has not co-operated
regarding the investigation regarding the names of medicine and from
where were purchased to terminate pregnancy. Prosecution has further
stated that if accused is released on bail then he may put pressure on
informant and witnesses and objected the bail application.
6.

Prosecution has alleged that by giving false promise of marriage
accused induced informant to have sexual relations with him many
times. Accused has contended that he is unmarried till now. He has
contended that they had love affair and their love relationship went
sour and this case is filed to put pressure on him not to break up with
victim. It is a matter of trial whether accused gave false promise at the
inception and whether he gave false promise of marriage with intention
to have sexual relations with victim.

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7.

Criminal Bail Application No. 676/2022
Learned counsel for applicant cited Order of the Hon’ble Bombay
High Court in case of Samshuddin Mansur Ansari vs. State of
Maharashtra in Criminal Bail Application No.3343 of 2018 decided on
15.02.2019, reported in 2019 SCC OnLine Bom 7603, in which it is held
that, “From the version of the complainant reflected in the First
Information Report, it is apparent that she was closed acquainted with
the applicant since 2017. There was physical relationship between
them. First Information Report was lodged on 20 th October, 2018.
Learned counsel for the applicant submits that relationship was
consensual. Applicant is in custody from the date of arrest and further
custody is not required. Learned APP submitted that accused had made
false promise. The complainant was induced to part with an amount of
Rs.2,00,000/- to the applicant. First Information Report makes out the
case for offence under Section 376 as well as Section 420 of Penal
Code, 1860. It is apparent that victim was acquainted with the
applicant since 2017. Both of them had physical relationship on several
occasions. Prima facie, relationship was consensual in nature. Applicant
is in custody from 20th October, 2018. Investigation is completed and
chargesheet has been filed. Hence, case for grant of bail is made out.” In
the case in hand accused contends that the relationship between the
parties was consensual and chargesheet is also filed. Therefore, this case
law is applicable to the case in hand.
8.

Learned counsel for applicant cited Order of the Hon’ble Bombay
High Court in case of Sunil Laxman Patil vs. State of Maharashtra in
Criminal Application No.232 of 2007, decided on 31.01.2007, reported
in 2007 SCC OnLine Bom 79 : 2008 Supp Bom CR 602, in which it is
held that, “I have perused the investigation papers, including the F.I.R.

The prosecutrix is of the age of 27 years, possesses a degree in law. The
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Criminal Bail Application No. 676/2022
complaint of an incident that took place in the night of 8/3/2006 and
in the morning of 9/3/2006 has been filed on 4/1/2007 i.e. almost
about 9 months later. Consequent to the order passed by this Court on
23/1/2007 it is stated by the learned Counsel for the applicant that
applicant has been reporting to the Deccan police Station, except on
26/1/2007. I am satisfied that this is a fit case to grant anticipatory
bail.” In this case charge-sheet is filed and accused is already in jail.
Therefore, this case law is applicable to the case in hand.
9.

Learned counsel for applicant cited Order of the Hon’ble Bombay
High Court in case of Firoz Fakruddin Shaikh Vs. State of Maharashtra
in Bail Application No.2777 of 2017 decided on 14.08.2018, reported in
2018 SCC OnLine Bom 12916, in which it is held that, “the statements
of prosecution witnesses reveal that, the prosecutrix was having
relations with the applicant. It further appears that the prosecutrix was
a consenting party to the said alleged act as contemplated under
sections 376 and 313 of the Penal Code, 1860. The record indicates
that, the prosecutrix had also signed the relevant medical forms in the
hospital before undergoing termination of pregnancy. The report
received from the Forensic Science Laboratory pertaining to the mobile
phone of the applicant indicates that there was no video file found in
the said mobile phone in the analysis. The applicant is in jail, since
8.6.2017 and the police have already completed investigation and
submitted chargesheet.” In the case in hand also informant and accused
had sexual relations many times. But prosecution contends that accused
gave false promise of marriage and accused contends that there was
only love affair and which went sour and to put pressure on accused not
to break up with victim this false case is filed and chargesheet is also
filed. Therefore, this case law is applicable to the case in hand.

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10.

Criminal Bail Application No. 676/2022
As discussed above, it is a matter of trial whether accused gave
false promise of marriage to informant to have sexual relations with
informant. Charge-sheet is filed in this case. There are no criminal
antecedents of accused brought on record. Hence, it appears, no
purpose is going to be served by keeping accused behind the bar. Hence,
it will be proper to release accused on bail on some conditions. Hence,
pass following order:
ORDER
1.

Criminal Bail Application No.676 of 2022 is allowed.

2.

Accused viz. Abusufiyan Abuhureira Idrishi be released on bail on
his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen
Thousand only), with one or
more surety/sureties in the like
amount, in C.R.No.638/2021 for the offence punishable under
Sections 376, 312, 323, 504 and 506 of IPC registered with Kurla
Police Station on the following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.
(iii) Accused shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the court
or any police officer.
(iv) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.

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3.

Criminal Bail Application No. 676/2022
Criminal Bail Application No.676 of 2022 stands disposed of
accordingly.

Dt. 06.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 06.04.2022
: 06.04.2022
: 06.04.2022
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Criminal Bail Application No. 676/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
27/04/2022 at 02.43 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 06/04/2022
Judgment/Order signed by P.O.on
06/04/2022
Judgment/Order uploaded on
27/04/2022
(Court